MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary, Division A

By: Senator(s) Wiggins

Senate Bill 2748

AN ACT TO EXTEND THE REPEALER ON SECTIONS 13-7-1 THROUGH 13-7-47, MISSISSIPPI CODE OF 1972, WHICH CREATE THE STATE GRAND JURY ACT AND PROVIDE FOR THE OPERATION OF THE STATE GRAND JURY; TO AMEND SECTION 13-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND REENACTED SECTION 13-7-7, MISSISSIPPI CODE OF 1972, TO EXPAND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY; TO REMOVE THE REQUIREMENT THAT THE CRIMES MUST OCCUR WITHIN MORE THAN ONE CIRCUIT COURT DISTRICT OR HAVE TRANSPIRED OR HAVE SIGNIFICANCE IN MORE THAN ONE CIRCUIT COURT DISTRICT OF THIS STATE; TO AUTHORIZE THE ATTORNEY GENERAL TO NOTIFY THE PANEL JUDGE INSTEAD OF PETITIONING THE JUDGE; TO REQUIRE THE PANEL JUDGE TO IMPANEL A JURY WITHIN 30 DAYS OF RECEIVING NOTICE FROM THE ATTORNEY GENERAL; TO REMOVE THE AUTHORITY OF PANEL JUDGE TO LIMIT THE AUTHORITY OF THE INVESTIGATION OF THE STATE GRAND JURY; TO AMEND SECTION 13-7-15, MISSISSIPPI CODE OF 1972, TO AMEND THE QUALIFICATIONS OF JURORS FOR THE STATE GRAND JURY; TO AMEND SECTION 13-7-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PANEL JUDGE TO DENY REQUEST TO AMEND THE NOTICE AND ORDER IMPANELING THE GRAND JURY; TO AMEND SECTION 13-7-41, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY OF THE DEPARTMENT OF PUBLIC SAFETY AND THE MISSISSIPPI BUREAU OF NARCOTICS TO PROVIDE SPACE FOR THE STATE GRAND JURY; TO REQUIRE LOCAL GOVERNMENT OFFICIALS AND LAW ENFORCEMENT SHALL COOPERATE TO ASSIST IN PROVIDING ACCOMMODATION OF THE STATE GRAND JURY; TO REPEAL SECTION 13-7-49, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT NOTHING IN THE STATE GRAND JURY ACT SHALL BE CONSTRUED AS AMENDING, REPEALING OR SUPERSEDING ANY OTHER LAW OF THIS STATE GOVERNING THE POWERS AND DUTIES OF COUNTY GRAND JURORS, DISTRICT ATTORNEYS OR LAW ENFORCEMENT AGENCIES OR OTHER OFFICIALS WITH REGARD TO THEIR AUTHORITY TO INVESTIGATE, INDICT OR PROSECUTE OFFENSES THAT ARE PRESCRIBED BY THIS CHAPTER AS WITHIN THE JURISDICTION OF THE STATE GRAND JURY; TO CREATE NEW SECTION 13-7-51, MISSISSIPPI CODE OF 1972, TO CODIFY AND EXTEND THE DATE OF THE REPEALER ON THE STATE GRAND JURY ACT; TO AMEND SECTION 99-11-3, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON THE PROVISION OF LAW RELATING TO VENUE FOR INDICTMENTS BY THE STATE GRAND JURY; TO AMEND SECTION 27, CHAPTER 553, LAWS OF 1993, AS LAST AMENDED BY CHAPTER 526, LAWS OF 2014, TO DELETE THE REPEALER, WHICH IS BEING CODIFIED IN NEW SECTION 13-7-51, MISSISSIPPI CODE OF 1972, FROM THE EFFECTIVE DATE SECTION OF THE ENABLING LEGISLATION THAT CREATED THE STATE GRAND JURY ACT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 13-7-3, Mississippi Code of 1972, is  amended as follows:

     13-7-3.  For purposes of this chapter:

          (a)  The phrase "Attorney General or his designee" also includes:

              (i)  The Attorney General or his designees;

              (ii)  The Attorney General and his designee or designees.

          (b)  The term "impaneling judge" means any senior circuit court judge of any circuit court district who, upon * * * petition notice by the Attorney General, impanels a state grand jury under the provisions of this chapter and shall also include any successor to such judge as provided by law.

     SECTION 2.  Section 13-7-7, Mississippi Code of 1972, is amended as follows:

     13-7-7.  (1)  The jurisdiction of a state grand jury impaneled under this chapter extends throughout the state.  The subject matter jurisdiction of a state grand jury in all cases is limited to offenses involving:

(a)  Any and all conduct made unlawful by the Mississippi Uniform Controlled Substances Law or any other provision of law involving narcotics, dangerous drugs or controlled substances, or any crime arising out of or in connection with a crime involving narcotics, dangerous drugs or controlled substances * * *, and crimes involving;

(b)  Officer-involved shootings;

(c)  Embezzlement and fraud investigated by the State Auditor where a district attorney has decided not to present a case;

(d)  Public corruption brought by the Attorney General's Office; and

(e)  Any attempt, aiding, abetting, solicitation or conspiracy to commit any of the aforementioned crimes * * * if the crimes occur within more than one (1) circuit court district or have transpired or are transpiring or have significance in more than one (1) circuit court district of this state.

     (2) * * *  Whenever the Attorney General considers it necessary, and normal investigative or prosecutorial procedures are not adequate,  The Attorney General * * * may petition shall notify in writing to the senior circuit court judge of any circuit court district in this state * * * for an order impaneling that he or she wishes to convene a state grand jury.  For the purposes of this chapter, such judge shall be referred to as the impaneling judge.  The * * * petition must allege notice shall be filed in the applicable circuit court and shall provide the following:

          (a)  The type of offenses to be inquired into;

          (b)  That the state grand jury has jurisdiction to consider such matters; and

 * * *  (c)  That the offenses to be inquired into have occurred within more than one (1) circuit court district or have transpired or are transpiring or have significance in more than one (1) circuit court district of this state;

  (d)  That the Attorney General has conferred with the Commissioner of Public Safety and the Director of the Mississippi Bureau of Narcotics and that each of such officials join in the petition; and

          ( * * *ec)  That the Attorney General has * * * conferred with noticed the appropriate district attorney for each jurisdiction in which the crime or crimes are alleged to have occurred.

     (3)  Within thirty (30) days of the filing of the notice, the impaneling judge * * *, after due consideration of the petition, may shall order the impanelment of a state grand jury in accordance with the * * * petition notice for a term of * * * twelve (12) six (6) calendar months.  Upon petition by the Attorney General, the impaneling judge, by order, may extend the term of that state grand jury for a period of six (6) months, but the term of that state grand jury, including any extension thereof, shall not exceed * * * two (2) years eighteen (18) calendar months.

     (4)  The impaneling judge shall preside over the state grand jury until its discharge.

     (5)  The impaneling judge may discharge a state grand jury prior to the end of its original term or any extensions thereof, upon a determination that its business has been completed, or upon the request of the Attorney General.

 * * * (6)  If, at any time within the original term of any state grand jury or any extension thereof, the impaneling judge determines that the state grand jury is not conducting investigative activity within its jurisdiction or proper investigative activity, the impaneling judge may limit the investigations so that the investigation conforms with the jurisdiction of the state grand jury and existing law or he may discharge the state grand jury.  An order issued pursuant to this subsection or under subsection (5) of this section shall not become effective less than ten (10) days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court.  If an appeal from the order is made, the state grand jury, except as otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal.

     SECTION 3.  Section 13-7-15, Mississippi Code of 1972, is amended as follows:

     13-7-15.  After the impaneling judge orders a term for the state grand jury * * * on petition of the Attorney General, the impaneling judge shall order that the circuit clerk for each county shall proceed to draw at random from the jury box as provided by Section 13-5-26, the name of one (1) voter of such county for each two thousand (2,000) voters or fraction thereof registered in such county and shall place these names on a list.  The circuit clerk shall not disqualify or excuse any individual whose name is drawn.  When the list is compiled, the clerk of the circuit court for each county shall forward the list to the clerk of the state grand jury.  Upon receipt of all the lists from the clerks of the circuit courts, the clerk of the state grand jury shall place all the names so received upon a list which shall be known as the master list.

     The impaneling judge shall order the clerk of the state grand jury to produce the master list and shall direct the random drawing of the names of one hundred (100) persons from the master list.  The names drawn shall be given to the clerk of the state grand jury who shall cause each person drawn for service to be served with a summons either personally by the sheriff of the county where the juror resides or by mail, addressed to the juror at his usual residence, business or post office address, requiring him to report for state grand jury service at a specified time and place as designated by the impaneling judge.  From the one hundred (100) persons summoned, a state grand jury shall be drawn for that term consisting of twenty (20) persons.  State grand jurors must be drawn in the same manner as jurors are drawn for service on the county grand jury.

     All qualified persons shall be liable to serve as state grand jurors, unless excused by the court for one (1) of the following causes:

          (a)  When the juror is ill, or when on account of serious illness in the juror's family, the presence of the juror is required at home; or

 * * *  (b)  When the juror's attendance would cause a serious financial loss to the juror or to the juror's business; or

          ( * * *cb)  When the juror is under an emergency, * * * fairly equivalent to those mentioned in the foregoing paragraphs (a) and (b) as determined by the paneling judge.

     An excuse of illness under paragraph (a) may be made to the state grand jury clerk outside of open court by providing the clerk with either a certificate of a licensed physician or an affidavit of the juror, stating that the juror is ill or that there is a serious illness in the juror's family. * * *  The test of an excuse under paragraph (b) shall be whether, if the juror were incapacitated by illness or otherwise for a week, some other persons would be available or could reasonably be procured to carry on the business for the week, and the test of an excuse under paragraph (c) shall be such as to be the fair equivalent, under the circumstances of that prescribed under paragraph (b).  In cases of an excuse under * * * paragraphs paragraph (b) * * * and (c), the excuse must be made by the juror, in open court, under oath.

     It shall be unlawful for any employer or other person to persuade or attempt to persuade any juror to avoid jury service, or to intimidate or to threaten any juror in that respect.  So to do shall be deemed an interference with the administration of justice and a contempt of court and punishable as such.

 * * * Every citizen over sixty‑five (65) years of age shall be exempt from service if he claims the privilege.  No qualified juror shall be excluded because of such reason, but the same shall be a personal privilege to be claimed by any person selected for state grand jury duty.  Any citizen over sixty‑five (65) years of age may claim this personal privilege outside of open court by providing the clerk of court with information that allows the clerk to determine the validity of the claim.

     The state grand jurors shall be charged by the impaneling judge as to their authority and responsibility under the law and each juror shall be sworn pursuant to Section 13-5-45.  Nothing in this section shall be construed as limiting the right of the Attorney General or his designee to request that a potential state grand juror be excused for cause.  The jury selection process shall be conducted by the impaneling judge.  Jurors of a state grand jury shall receive reimbursement for travel and mileage as provided for state employees by Section 25-3-41 and shall be paid per diem compensation in the amount provided by Section 25-3-69.  All compensation and expenses for meals and lodging of state grand jurors shall be paid out of any available funds appropriated for that purpose.

     SECTION 4.  Section 13-7-23, Mississippi Code of 1972, is  amended as follows:

     13-7-23.  Once a state grand jury has entered into a term, the * * * petition notice and order establishing and impaneling the state grand jury may be amended as often as necessary and appropriate so as to expand the areas of inquiry authorized by the order or to add additional areas of inquiry thereto, consistent with the provisions of this chapter.  The procedures for amending this authority are the same as those for filing the original * * * petition notice and order, except the impaneling judge may deny such additional request.

     SECTION 5.  Section 13-7-41, Mississippi Code of 1972, is amended as follows:

     13-7-41.  The Attorney General shall * * * make determine available suitable space for state grand juries to meet. * * *  The Mississippi Department of Public Safety and the Mississippi Bureau of Narcotics may provide such services as required by the Attorney General and the state grand juries. Local government officials and law enforcement shall cooperate to assist in providing accommodation.  Failure to do so shall result in a referral to their governing authority for failure to carry out their duties.

     SECTION 6.  Section 13-7-49, Mississippi Code of 1972, which provides that nothing in this chapter shall be construed as amending, repealing or superseding any other law of this state governing the powers and duties of county grand jurors, district attorneys or law enforcement agencies or other officials with regard to their authority to investigate, indict or prosecute offenses that are prescribed by this chapter as within the jurisdiction of the state grand jury, is repealed.

     SECTION 7.  The following shall be codified as Section 13-7-51, Mississippi Code of 1972:

13-7-51.  This chapter shall stand repealed on July 1, 2027.

     SECTION 8.  Section 99-11-3, Mississippi Code of 1972, is amended as follows:

     99-11-3.  (1)  The local jurisdiction of all offenses, unless otherwise provided by law, shall be in the county where committed. But, if on the trial the evidence makes it doubtful in which of several counties, including that in which the indictment or affidavit alleges the offense was committed, such doubt shall not avail to procure the acquittal of the defendant.

     (2)  The provisions of subsection (1) of this section shall not apply to indictments returned by a state grand jury.  The venue of trials for indictments returned by a state grand jury shall be as provided by the State Grand Jury Act.  This subsection shall stand repealed from and after July 1, * * * 2024 2027.

     Section 9.  Section 27, Chapter 553, Laws of 1993, as amended by Chapter 382, Laws of 1998, as amended by Chapter 480, Laws of 1999, as amended by Chapter 471, Laws of 2002, as amended by Chapter 506, Laws of 2005, as amended by Chapter 337, Laws of 2011, as amended by Chapter 526, Laws of 2014, is amended as follows:

     Section 27.  This act shall take effect and be in force from

and after its passage * * *, and, with the exception of Section 22 (codified as Section 99‑11‑3), shall stand repealed from and after July 1, 2024.

     SECTION 10.  Sections 7 through 9 of this act shall take effect and be in force from and after its passage.  Sections 1 through 6 of this act shall take effect and be in force from and after the date Senate Concurrent Resolution No. ___, 2022 Regular Session, proposing an amendment to Section 33 of the 437 Mississippi Constitution of 1890, is approved by the voters.

---